(a) No person shall drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked
for reckless driving in violation of Section 23103 or 23104,
any reason listed in subdivision (a) or (c) of Section 12806
authorizing the department to refuse to issue a license,
negligent or incompetent operation of a motor vehicle as
prescribed in subdivision (e) of Section 12809, or negligent
operation as prescribed in Section 12810.5, if the person
so driving has knowledge of the suspension or revocation.
Knowledge shall be conclusively presumed if mailed notice
has been given by the department to the person pursuant
to Section 13106. The presumption established by this subdivision
is a presumption affecting the burden of proof.
(b) Any person convicted under this section shall be punished
as follows:
(b) Any person convicted under this section shall be punished
as follows:
(1) Upon a first conviction, by imprisonment in a county
jail for not less than five days or more than six months
and by a fine of not less than three hundred dollars ($300)
or more than one thousand dollars ($1,000).
(2) If the offense occurred within five years of a prior
offense which resulted in a conviction of a violation of
this section or Section 14601.1, 14601.2, or 14601.5, by
imprisonment in a county jail for not less than 10 days
or more than one year and by a fine of not less than five
hundred dollars ($500) or more than two thousand dollars
($2,000).
(c) If the offense occurred within five years of a prior
offense which resulted in a conviction of a violation of
this section or Section 14601.1, 14601.2, or 14601.5, and
is granted probation, the court shall impose as a condition
of probation that the person be confined in a county jail
for at least 10 days.
(d) Nothing in this section prohibits a person from driving
a motor vehicle, which is owned or utilized by the person's
employer, during the course of employment on private property
which is owned or utilized by the employer, except an offstreet
parking facility as defined in subdivision (d) of Section
12500.
(e) When the prosecution agrees to a plea of guilty or
nolo contendere to a charge of a violation of this section
in satisfaction of, or as a substitute for, an original
charge of a violation of Section 14601.2, and the court
accepts that plea, except, in the interest of justice, when
the court finds it would be inappropriate, the court shall,
pursuant to Section 23575, require the person convicted,
in addition to any other requirements, to install a certified
ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg
Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing
with Section 38000)) applies as to off-highway motor vehicles,
as described in Section 38001.
